Ordered that the appeal from the order dated August 6, 2008, is dismissed, as that order was superseded by the order dated December 19, 2008, made upon renewal and reargument; and it is further,
Ordered that the order dated December 19, 2008, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the respondent-respondent.
"Like contract rights generally, a right to arbitration may be modified, waived...
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